How to File a Birth Defect Claim
Parents who discover their child has a disability that is congenital should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice claims.
Furthermore, a lot of birth defects or injuries could have been prevented. Hence, victims need compensation.
Statute of limitations
In the United States the statutes vary from one state to the next. Legal claims must be filed within this time frame or the injured party may not be able to claim damages. A medical malpractice lawyer will help ensure that the birth injury lawsuit is filed within the state’s statute of limitations.
In some instances an injury can take some time to manifest physically or develop. In these cases, it can be difficult to determine the date when the statute of limitation began or when a suit should have been filed. A medical malpractice lawyer who is proficient and compassionate can help determine if a suit for birth defects is possible before the statute of limitations runs out in your state.
The first step is to identify the birth defect and connect it to the medical experts who treated your child. Bills, receipts credit card information and other evidence of medical treatment are important in this process. Attorneys can also collect evidence through discovery, which is a process of exchanging information between parties. This could involve taking depositions of nurses, doctors and hospital staff.
Congenital Disabilities
Congenital disorders are structural flaws which can affect how the body appears and functions. From mild to severe, they can alter the body’s appearance in many ways. Some are more obvious than others, such as lip or palate clefts some are harder to detect.
Congenital disorders can be caused by genetic or other chromosomal abnormalities. They may be caused by infections in the womb during delivery or trauma, environmental influences and medications taken by mothers. They can cause long-term disabilities that have a negative effect on individuals as well as their families, the health care system, and the wider society. They contribute to the high mortality of infants and children aged less than 5.
The leading causes of severe congenital disability in children are neural tube defects and chromosomal conditions, such as Down syndrome. Certain congenital disorders are more common in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Other congenital diseases are caused by environmental or pharmacological influences. Whether a person with a congenital disability is considered disabled is determined by the severity of the condition as well as the organ or body part it affects, as well as how much it affects everyday life.
Medical expenses
Families with children who have serious birth defect attorney defects face huge medical costs. The cost of therapy, surgery and ongoing treatment for the condition, as well as its associated effects can be enormous. Families can also be affected by the emotional strain of raising a child suffering from physical impairment. A lawyer with experience in birth defect cases will help victims get the compensation they deserve.
A variety of genetic and congenital disorders are preventable or treatable in utero. Unfortunately, doctors sometimes do not recognize or inform parents about test and screening results that could lead to the discovery of a birth defect. In these instances, parents may bring a wrongful death claim against the medical provider.
It’s hard to prove that a medical error caused a congenital condition, but an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine if a claim is viable. Contact an attorney right away to discuss your case. You have two years to file a claim if you’ve discovered or should have discovered the injury.
Lost Wages
A child born with birth defects will require extensive medical care which could cost thousands of dollars over their lifetime. This financial burden shouldn’t be placed on families who didn’t cause the problem. A Pompano Beach injury attorney who is competent and understanding can assist parents in exploring legal options.
Our lawyers are well-trained in medical malpractice cases and always put the client’s best interests first. They will investigate all circumstances surrounding your baby’s birth defect to determine whether any medical professionals who were involved with your child’s delivery were accountable.
A successful claim could include the reimbursement of medical expenses such as hospitalizations, surgeries, extended treatment and medications. Parents who have by their job to take care of their children may also be entitled for lost wages, a portion of future lost earnings, or punitive damages if the drug manufacturer did not take the proper precautions to ensure patient safety. Contact us now to discuss your options without any obligation.
Damages
Your family will need monetary compensation for medical expenses, lost income and other expenses regardless of whether your child has a mild or severe defect. You’ll need documents, such as credit card receipts, payments made with a credit card and bills to prove your claim. If you have more evidence to provide, the greater your payout will be greater.
The majority of birth defects are genetic in nature and cannot be cured. Some birth defects are caused through environmental factors or medications. For instance, a doctor prescribing a drug to the mother that increases the risk of a birth defect could be held accountable for negligence.
Being a parent of a child who has a Birth Defect Lawyers (Lesoutrali.Com) injury or a birth defect can be a devastating experience for parents and families. With the help of a Pompano Beach lawyer for birth defects you can seek justice for your family. You can also ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can help you through every step to ensure that your claim is filed successfully. Call today to learn more about how they can assist you.